Terms and Conditions, Warranty


Terms and Conditions and Warranty


All products are for research use only;  not for diagnostics, therapeutics, pharmaceutical or household uses.  FIVEphoton Biochemicals sells products only to qualified institutions and corporations, and reserves the right to investigate and/or decline any order.

Acknowledgement of Terms of Sale
  I t is assumed that all buyers and end users have read, understand and conform to the below t erms of sale upon order confirmation.        FIVEphoton Biochemicals will not assume responsibility for any additional terms or conditions whatsoever of the buyer that are not explicitly agreed upon in writing by FIVEphoton Biochemicals.  The below terms and conditions are not all inclusive, and additional normal good faith business practices by both seller and buyer are assumed.   

Acceptance of Orders
FIVEphoton Biochemicals reserves the right to decline any order for any reason, including orders pre-paid by credit card.  Automated electronic receipts after credit card payment do not constitute order acceptance.  The buyer will be notified on order status 48 business hours or sooner after an order is placed if the order is declined.  Declined orders that are pre-paid by credit card will be issued a full refund.  Purchase orders require direct confirmation by FIVEphoton Biochemicals before the order is accepted and processed.  No terms by the buyer are accepted by FIVEphoton Biochemicals without direct consent by FIVEphoton Biochemicals.  FIVEphoton Biochemicals is not responsible for unacknowledged or unconfirmed orders or for terms that have not been explicitly agreed upon by FIVEphoton Biochemicals.  FIVEphoton Biochemicals shall not be held liable for orders that are not completed due to errors in electronic transmission initiated either by fax, email or through this website.

Prices are subjected to change without prior notification.

Returns and Warranty
FIVEphoton Biochemicals strives to only offer high quality products and will attempt to remedy all concerns.  Orders are irrevocable after commitment (i.e. confirmation of a PO invoice by buyer and seller) including orders on ELISA Kits, peptides and oligonucleotides; confirmed orders can not be canceled by the buyer.  Payment is required for all confirmed orders regardless of any subsequent dispute.  Selected items are not returnable, including ELISA kits, peptides and oligonucleotides.  Please contact customersupport@fivephoton.com to discuss remedies if a product does not appear to meet specifications. 

ELISA kits are warranted for reactivity with the provided standard peptide, and verified standard peptides purchase by the end user, strictly under conditions described in the protocol.  Reactivity is not warranted for the end user's samples.  The warranty for ELISA kits extends 6 months after date of arrival.  If reactivity or other issues arise, we ask the end user to provide data or pictures supporting their claim for evaluation. 

FIVEphoton Biochemicals warrants to the original purchaser that the products listed in this web site conform substantially to the application, composition and purity described in the products descriptions.  Products are additionally warranted to perform as described in this website and the protocol manuals.  Remedy is by replacement or refund on Fivephoton Biochemicals descretion.  If an item does not perform as described on this website or protocol documentation, contact customersupport@fivephoton.com (or 800 462-4507) for remedy within 12 months of delivery for most items (ELISA kits are warranted 6 months after arrival). The customer pays for shipping costs on all replaced items.  

Items Damaged During Shipping
Please inspect all items within 48 hrs after receipt.  If an item is damaged during shipping, or has defective packing, please take a picture of the defect and forward it to us for remedy.  We may request return of the defective item as a condition for replacement or refund.
Waiver from liability due to delayed shipment or non-performance
All good faith effort will be made to accurately predict the time of delivery.  FIVEphoton Biochemicals will notify the buyer if unanticipated delays in delivery arise.  Nevertheless, FIVEphoton Biochemicals assumes no financial liability or damages whatsoever due to unanticipated delivery delays.  FIVEphoton Biochemicals bears no liability whatsoever due to financial loss in scheduling, labor costs or added costs of the buyer caused by delayed delivery.  The buyer shall hold FIVEphoton Biochemicals harmless to any loss due to delivery delays.  Additionally, the buyer shall remain committed to payment for delayed deliveries that are unanticipated and are due to errors not deemed under the direct control by FIVEphoton Biochemicals.  Orders are shipped FCA.

FIVEphoton Biochemicals assumes no liability, financial, labor allocation, scheduling or otherwise, for unanticipated non-performance of their product.  "Merchantability and Fitness" are not warranted.  The buyer shall hold FIVEphoton Biochemicals harmless for any losses and liabilities due to non-performance.

The buyer shall, at their own expense, indemnify, defend and hold FIVEphoton Biochemicals harmless from and against any and all losses, damages and expenses (including reasonable attorneys’ fees and other costs of defending any action) that we may incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort, or other theory of law by all representatives of the buyer whether direct or indirect, or by reason of breach of or failure to perform any of  obligations hereunder.
Technical Assistance
All technical assistance and information provided to the customer is provided gratis without liability to its accuracy;  The customer assumes sole responsibility for results obtained in reliance thereon.  FIVEphoton Biochemicals makes no warranty regarding technical assistance or information.  Technical data sheets may be updated periodically to include new products or for editorial revision.  In no case shall FIVEphoton assume any responsibility for the use or handling of the product or any liability for consequential, special, indirect or incidental damages.

Safety requirements are noted for each product.  FIVEphoton Biochemicals expects that the end user is trained to properly handle chemical substances and will comply with all safety recommendations.  FIVEphoton Biochemicals shall be held harmless for safety hazards or injury due to omission of handling requirements.  The end user is expected to investigate the safety requirements of each item and perform safe and appropriate laboratory handling procedures.  The end user is fully responsible for the safe handling of all materials purchased from FIVEphoton Biochemicals.  All liability by FIVEphoton Biochemicals due to injury from handling materials purchased from FIVEphoton Biochemicals shall be waived by the end user upon delivery of the product. 

Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when submitted by our customers during the ordering process. The information you provide is used to setup your account and fulfill your order, and not for additional uses.  Fivephoton Biochemicals does not release customer information to third parties unless legally required to do so.  

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation.  We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.  Information is not provided to third parties for marketing purposes.

Commitment to Data Security
Your personally identifiable information is kept secure.  Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.  All emails and newsletters from this site allow you to opt out of further mailings.